BURLE SURYANARAYANA Vs. CHINNAM PUNNAYYA

JUDGEMENT

(1.) This is a revision filed by the judgment-debtor against the dismissal of the Appeal C.M.A. 76/77, by the learned District Judge,Guntur. The petitioner filed I.A. No. 65/77 in I.P. 28/71 under the A.P. Agricultural Indebtedness Relief Act (Act VII of 1977) for a declaratior that the debts due by him stood wholly discharged in view Of the Act VII of 1977 on the ground that he was a small farmer. This petition was dismissed by the learned Subordinate Judge, and it was affirmed by the learned District Judge.

(2.) The learned counsel for the petitioner contended that every though the proceedings under the Provincial Insolvency Act V of 1920 are pending and the petitioner is declared as an insolvent, still it is open for him to file the application under section 4 of Act VII of 1977 seeking the declaration prayed for. It is further submitted that both the courts below erred in holding that the petitioner's principal means of livelihood is not the income derived from the agricultural land and also that he was not personally cultivating the land .

(3.) It is not in dispute that the petitioner was adjudged as an insovent on 27-9-1973. The petitioner owns only an extent of dry land of Ac. 1-90 cents. According the Sec. 3(t) of Act VII of 1977 one of the requirements for a person to be a small farmer is that his holding should not exceed one hectare of wet land or two hectares of dry land if he is one other than the member of Scheduled Tribe and two hectares of wet land or four hectares of dry land if he is a member of the Scheduled Tribe. It is submitted across the bar that the petitioner fulfils this requirement to be a small farmer. The other requirement to hold a person as a small farmer is that the annual household income other than from agriculture should not exceed Rs. 1,200/- in any two years within three years immediately preceding the commencement of Act VII of 1977. Further it is also necessary according to section 3(t) of the Act that the person should cultivate the land personally and his principal means of livelihood should be derived from agricultural land.